This privacy policy (this “Privacy Policy”) governs your use of Auction Mobility’s Auction Experience Management Platform on the website(s) (the “Site”) and mobile application(s) (the “Application”) made available by Auction Mobility LLC (“Auction Mobility,” “we,” “us” or “our”) on behalf of J. Sugarman Auctions (the “Auction House”). The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”).

OVERVIEW

We are committed to protecting the privacy of users of our Services. Except as described in this policy, we do not share, sell, rent, trade or loan personal data to unaffiliated third parties for any purpose. This Privacy Policy describes how Auction Mobility treats information that it collects and receives related to your use of our Services.

This Privacy Policy applies to Auction Mobility Services only. As described in this policy, we share your personal information with the Auction House and they may have their own privacy policy governing their use of your personal information.

By using this Application and the Services you accept that your visit and any disputes over privacy is subject to this Privacy Policy and to our Terms and Conditions of Use ("Terms of Use"), located here, and the Auction House’s Conditions of Sale, located here, including the transfer of your personal information to the United States for processing, limitations on damages, arbitration, and selection of the law of the Commonwealth of Massachusetts.

We collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application. When the Application collects your information, you will be provided timely and appropriate notice describing what personal information we are collecting and how it will be used.

To utlize the Services, we ask that you create an account. When you register with us and use the Services, we ask that you provide your name, email address, user name and password. You can also choose to provide us with additional information, such as a contact phone number. All of the information listed in this paragraph is collectively referred to as your “Individual Information”. You may review, correct, update or change your Individual Information on your account profile at any time. If you wish to notify the Auction House of any changes to the Individual Information it may store, you must contact the Auction House directly.

If you choose to purchase an item at auction, your payment information is processed by a third party payment processor with whom the Auction House has an agreement. Please carefully read the section titled “Processing Payments for Auction Items” below.

In addition, we automatically collect certain information and analytical data related to your use of the Site and Application. In the aggregate, this information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Individual Information.

This Privacy Policy only applies to Auction Mobility’s use of collected information, both Individual and Aggregate. The Auction House’s privacy policy and use of collected information may differ from this policy and we have no responsibility or liability for the Auction House’s use of your information.

We use collected information to make available and to improve our high standard of reliable services. We use such information to:

respond to inquiries or service requests and monitor such responses;

resolve problems; and

manage the Site and Application and assess usage of the Services.

We will retain Individual Information for as long as you use the Site and/or Application and for a reasonable time thereafter for recordkeeping and as required by law. If you’d like us to delete your Individual Information that you have provided in connection with the Services, please contact us at info@auctionmobility.com and we will respond within a reasonable time.

We host the Site and Application and provide the Services in the United States, pursuant to our agreement with the Auction House. We share your Individual Information and Usage Information with the Auction House for their business purposes, including marketing purposes. If you would like further information about the Auction House use of your Individual Information, please refer to the Auction House’s privacy policy or contact the Auction House.

Individual Information. Except as described in following paragraphs of this section, we will not share your Individual Information with unaffiliated third parties unless you have consented to the disclosure or Auction Mobility believes the disclosure is necessary to (1) comply with the law or with a judicial proceeding, subpoena, warrant court order, or legal process, (2) protect and defend our rights and property, (3) protect our customers or users, including from misuse or unauthorized use of the Services, or (4) protect the safety or property of our employees, customers, users or others. Auction Mobility may be required to disclose information to third parties when required by law or under the good-faith belief that such disclosure is necessary in order to meet national security or law enforcement requirements, or to comply with legal process served on Auction Mobility. Under such circumstances, Auction Mobility may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Auction Mobility reserves the right to not provide such notice in its sole discretion. We also may disclose Individual Information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

Auction Mobility may disclose or transfer your Individual Information (1) to the Auction House, (2) to any corporate affiliates (for example its subsidiaries or parent corporation), (3) to its service providers (like hosting services), but only for their use to provide services to Auction Mobility, or (3) to an acquirer in connection with the sale of the business or assets of Auction Mobility. We require our service providers that receive or access Individual Information to limit their use and disclosure of your information to the purposes for which you provided it.

Aggregate Information. We store and share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our Site, Application and Services. We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users.

The Application uses a third-party credit card processor with whom the Auction House has entered into an agreement to process payments for auction items that you choose to make through the Services. To make this possible, your Individual Information (including your credit card information) is transmitted via secure (encrypted) means with this third-party payment processor for the sole purpose of completing your order (“Billing Information”). Please note that your Billing Information (including credit card number, expiration date, CVV or security code) is stored by the third party payment processor and not us, and as such, is subject to that third party processor’s privacy policy and terms of use. It is important that you review the privacy policy of our third party processor to understand how your Billing information is stored and processed. Neither we nor the Auction House has any access to Billing Information. The Application only retains the expiration date of your credit card along with your Individual Information to enable the Auction House to process payments for future auction items purchased.

The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Note that uninstalling the Application will stop collection of information, but will not affect (or delete) information already provided to establish an account. Please refer to “How We Use Information; Data Retention” for information on how to delete Individual Information held by Auction Mobility.

Cookies are small text files a website can use to recognize repeat visitors to a website. We may use cookies for varying purposes. We use cookies to collect certain information about your mobile device automatically when you download and use the Application, such as the type of mobile device you use, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications.

We use third party analytics services (such as Google Analytics) to evaluate your use of the Application and the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Application and use of the Services. We use this information only to improve the Services, but do not combine it with personally identifiable information. By downloading the Application and using the Services, you consent to the processing of Aggregate Information about your use by these analytics providers in the manner and for the purposes described in this Privacy Policy.

The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device (including bids). You should not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at info@auctionmobility.com .

The Services are not directed to persons under the age of 13 and Services (including downloading the Application), should not be used by any person under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at info@auctionmobility.com and we will take steps to remove the information and disable the account

Each time you use the Services, the current version of the Privacy Policy will apply. Accordingly, when you use the Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at info@auctionmobility.com or by mail at Auction Mobility, 192 South St., Suite 600, Boston Massachusetts. 02111, United States.

Please note that the Application and our Services are designed for compliance with United States data privacy and security regulations. The United States and other countries have not harmonized their privacy regulations. We have written this Policy to satisfy United States regulations and the users of the Application and Services agree to that level of privacy protection.

If you are a resident of the European Union, you are entitled to withdraw consents to contact at any time. To exercise this right with respect to Auction Mobility, please send us an email or lette r to the contact points above.

This Privacy Policy is intended to be interpreted in the English language, and any translation is made for the convenience of the parties only. In the event of a conflict between the English and the translated versions, the English version will control and supersede.